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ORANGE COUNTY BOARD OF ADJUSTMENT 14-L <br />ORDER GRANTING /DENYING A VARIANCE <br />The Board of Adjustment for the County of Orange, having <br />held a pub I i c hearing on June 8, 1987 to consider <br />a variance , submitted by David Ripperton <br />property located at the north side of Whitfield Road SR 1730 <br />in a manner not permissible under the literal terms of the <br />ordinance and having heard all of the evidence and arguments <br />presented at the hearing, makes the following FINDINGS OF <br />FACT and draws the following CONCLUSIONS: <br />1. It is the Board's CONCLUSION that, if the applicant <br />complies with the literal terms of the ordinance, <br />specifical I section[s], 5.1 -1 (Minimum Lot Area _per___ <br />Dwelling Unit in the Rural Buffer Zone <br />he (can /cannot) secure a reasonable return from, or <br />make reasonable use of, his property. This <br />conclusion is based on the following FINDINGS OF <br />FACT: The Rippertons cannot use the land for an thin else <br />except to build a house for a member of their family. Mrs. <br />Ripperton has scattered_ her husband's_ ashes on the land, and <br />her convictions would-preclude-any other use of the _property. <br />2. It is the Board's CONCLUSION that the hardship of <br />which the applicant complains (resul_tsldoes not <br />result) from unique circumstances related to the <br />applicant's land. This conclusion is based on the <br />following FINDING OF FACT: - nothing else could_ be built <br />on the proeertyunless a house could be constructed for the family. <br />- there will be a de minimus variation from the required <br />2 acre lot size <br />- both lots would be wooded and the character of neighborhood <br />will be maintained <br />there have been break -ins at the property, and Mrs. Y, perton's <br />security would be enhanced by having her children close by <br />3. It is the Board's CONCLUSION that the hardship is <br />not the result of the applicant's own actions. <br />This conclusion is based on the following FINDINGS <br />OF FACT: Mrs._Ri perton has owned_ the property for 25 years, <br />and owned it long before the Ordinance was change . <br />4. It.is the Board's CONCLUSION that, if granted, the <br />variance (wiJ_I /will not) be in harmony with the <br />general purpose and intent of the ordinance and <br />(will /will not) preserve its spirit. This conclu- <br />sion is based on all of the FINDINGS OF FACT listed <br />above as well as the following: _ the proposed lot sizes <br />arc 1 h re uired minimum of 2 acres <br />- the rural character of the neighborhood will be maintained <br />- purpose of a variance is to <br />small adjustments, <br />where. as here. the variations are so small <br />rticularly <br />